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E-2 or American Citizen? Interesting Questions Inside

E-2 or American Citizen? Interesting Questions Inside

Old Nov 12th 2010, 11:35 am
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Default E-2 or American Citizen? Interesting Questions Inside

Hi everyone,
Am new to this site.
Well where do i start??? my fiance and i are wanting to move to florida to be with my partners dad who is elderly and living in Orlando, weve been told that our only option is to invest in a business.
Well weve found a business and his dad has viewed it and we have had all paperwork etc looked over and it seems great, but what now?????
We have a house to sell in order to buy the business so were kind of stuck.
My fiance lived there for 12 years and only moved back here 5 years ago, because of a family death he gave his greencard back as he was having problems with immigration, so theres a few things i need answering if anyone could.
We have 3 children, how do we get them into a school?
Do we have to make an offer on the business before we apply for the visa?

This is so mind mashing, any advise would be very much appreciated.
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Old Nov 12th 2010, 12:32 pm
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Default Re: E-2 visa

Originally Posted by janeth8711 View Post
We have a house to sell in order to buy the business so were kind of stuck.
What sort of contingency plan do you have if the business fails? Many do.


We have 3 children, how do we get them into a school?
You go to the school and enrol them.


Do we have to make an offer on the business before we apply for the visa?
Yes.

One thing you need to know is that once your children reach age 21, if they don't have GCs by then, they must leave the US... and there is no direct line from an E-2 visa to a green card. You may need to be married to get derivative visas.

Ian
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Old Nov 12th 2010, 1:20 pm
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Default Re: E-2 visa

"he was having problems with immigration" could mean all sorts of things from being annoyed at the forms and fees involved to being permanently banned from entering the US. You need to get a lawyer and start looking at his immigration situation first and then look at your options.
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Old Nov 12th 2010, 2:12 pm
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Default Re: E-2 visa

How old are the children? Are any of them US?
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Old Nov 12th 2010, 2:23 pm
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Default Re: E-2 visa

Originally Posted by janeth8711 View Post
Well where do i start???


This is so mind mashing, any advise would be very much appreciated.
Such advise is often provided by attorneys specializing in US immigration law.
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Old Nov 12th 2010, 2:44 pm
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Default Re: E-2 visa

Originally Posted by janeth8711 View Post
Hi everyone,
Am new to this site.
Well where do i start??? my fiance and i are wanting to move to florida to be with my partners dad who is elderly and living in Orlando, weve been told that our only option is to invest in a business.
Well weve found a business and his dad has viewed it and we have had all paperwork etc looked over and it seems great, but what now?????
We have a house to sell in order to buy the business so were kind of stuck.
My fiance lived there for 12 years and only moved back here 5 years ago, because of a family death he gave his greencard back as he was having problems with immigration, so theres a few things i need answering if anyone could.
We have 3 children, how do we get them into a school?
Do we have to make an offer on the business before we apply for the visa?

This is so mind mashing, any advise would be very much appreciated.

So many unanswered but important questions.

What was the "problem with immigration"?
What is your partner's father's status in the US?
How much cash are you going to have after you've liquidated?
How old are the children?
Were any of the children born in the US?
Are you married to your partner? Is your partner the opposite sex?
What do you do?
Have you ever run a small business before?

I'm sure there will be more questions. But those were the ones that came to my mind when reading your post. Nobody can even start to suggest a course of action until they hold the facts.
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Old Nov 13th 2010, 9:58 am
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Default Re: E-2 visa

Thanks for all the answers, firstly my partner was out of the us for about a year before returning, his uncle was very ill so returned to help care for him. When he did return to the US after a few hours of interrogation about his return he was allowed back in and no action taken.
After he had to return back to the UK (more family problems) he returned his greencard.
His father is American originally from New York.
The business is $150k which employs 14 staff so i know we cover the criteria, we can live with his father or buy, but the point of us being there is to be near his dad.
The children are 12, 6 and 2 all born in the uk.
We are planning on getting married in the US so his dad can attend as he is too ill to travel to the UK and we are an opposite sex couple.
My partner runs several small business here his main one been marketing, so he is able to run his business from the US and i am a self employed hairdresser.
If we are granted a visa our plan is to start a petition for a greencard with his dad to sponsor us. We have spoke to many people as what our best options are and for us to be there relatively soon the business visa was our best option.
We have traveled many times after my partner handed back his greencard and have never had any problems.

Last edited by janeth8711; Nov 13th 2010 at 10:06 am.
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Old Nov 13th 2010, 10:13 am
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Default Re: E-2 visa

Originally Posted by janeth8711 View Post
After he had to return back to the UK (more family problems) he returned his greencard.
You need to find out whether he just gave the GC to someone, or also completed and submitted form I-407?


We are planning on getting married in the US so his dad can attend...
You will likely need to be married prior to applying for the visa.


If we are granted a visa our plan is to start a petition for a greencard with his dad to sponsor us.
His father can sponsor you for an "immigrant visa" (IV) right now without you having to buy a business... but an E-2 will get you to the US. An IV via the father will take quite a few years.

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Old Nov 13th 2010, 10:23 am
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Default Re: E-2 visa

Thanks Ian, he handed the greencard back and recieved the I-407, hence no further problems entering the US.
His Dad is going to start the petition for us once we get to America.
Still no idea of which to do first? make an offer on the business or apply for the visa?
Surely we cant apply for a business visa without the business?????
Do the children need a special visa for starting school over there? or do they just automatically be accepted if we get the visa???
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Old Nov 13th 2010, 12:58 pm
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Default Re: E-2 visa

150k doesn't sound like a significant investment to me. Are the 14 people already working in the US at an existing business?

Most people will make the purchase of the business contingent on if they get the visa or not.

I don't see why you would wait until you were in the US before the father files the I-130. It will take *years* to process and for the visa to become available. People who had petitions approved in 2002 are just getting their immigrant visas now. You have to consider the ill gentleman's health because he still needs to be around to complete the process. It's also possible for the 12 yr old to age out by the time it is approved and the child would not be able to accompany or stay in the US based on your green card.
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Old Nov 13th 2010, 1:45 pm
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Default Re: E-2 visa

The business were hoping to buy is an existing business with the staff staying on as the owner is retiring.
We have been told it would be easier if were married before we start the petition for a greencard which we are hoping to do as soon as we get there.
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Old Nov 13th 2010, 4:48 pm
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Default Re: E-2 visa

Originally Posted by janeth8711 View Post
We have been told it would be easier if were married before we start the petition for a greencard which we are hoping to do as soon as we get there.
I have another thought that might help you... but, first things first... was your fiance's father born in the US or did he naturalize as a US citizen?

If your fiance's father was born a US citizen, then it's possible that your fiance is also a US citizen (even if he had never lived in the US) if his father was able to pass citizenship to him (and despite having had a GC). If his father naturalized, it's still possible that your fiance has a claim to US citizenship.

Check on this... because this could save you a lot of time/money/grief.

Ian
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Old Nov 13th 2010, 6:02 pm
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Default Re: E-2 visa

Ah well its not that straight forward well dont think it is, his dad is an American born citizen but its his adoptive father, so dont think that counts, if im wrong please let me know as i have not heard of this until now thanks for your input.
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Old Nov 13th 2010, 7:56 pm
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Default Adopted by American dad

Could someone please answer some questions for me, I have read lots of information about how me and my fianceé can move to USA to live near my fiances dad.
My fiance was adopted at around the age of 12, he's now 27, he held a green card for around 10 years but begrudgingly gave it up when he had to travel back and forth to England due to family Ill health.
We have been told he can get citizenship from his dad but it all seems very complicated, other than this option were considering buying a business as an option for a visa. Please help
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Old Nov 13th 2010, 8:49 pm
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Default Re: Adopted by American dad

You need to say more details - he may be already a US citizen by operation of law, but that will depend on the facts.

Originally Posted by janeth8711 View Post
Could someone please answer some questions for me, I have read lots of information about how me and my fianceé can move to USA to live near my fiances dad.
My fiance was adopted at around the age of 12, he's now 27, he held a green card for around 10 years but begrudgingly gave it up when he had to travel back and forth to England due to family Ill health.
We have been told he can get citizenship from his dad but it all seems very complicated, other than this option were considering buying a business as an option for a visa. Please help
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